Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-13
Remedies Considered.

Remedies Considered.
To the Editor. Of the Dispatch:
There seem to be two opinions in re-
gard to the possibility of forcing tax
receivable coupons on the Treasury.
One-of General Malone, some law
yers, and other persons--is that as the
Supreme Court of the United States
has decided that the tender of coupons
is n payment of the tax, there is, there
fore, 10 help for ii, but the State must
ultimately succumb. The other-of
the peoples that they can succeed,
and have succeeded, against the decree
of the Supreme Court 10y the firmness
and patriotism of the juries. 1t comes
about in this way:
The decree of the Supreme Court de-
claros that any treasurer who refuses to
receive coupons from and levies on the
property o. the tonderer ceases, by that
very act, TO be a treasurer, and becomes
a naked trespasser, liable in damages to
the man whose coupon Is refused, and
his property sold to make the tax. But
these damages can only bc ascertained
and obtained by the verdict of jury.
How does that work? So far fifty-four
cases have been tried before Judge
Bonds court; and in spite of his reck-
less, shameless, and illegal conduct
in swearing the iuries to obey
his instructions, the amount OF
damages awarded was 50 small,
as compared with the preposterous
claims Of Mr.. Royall-to $4,000 dam
ages in each case-that he at last, on
the 14th day of October, moved the
court for a new trial in the case of
Strickner and wife against Wager and
others on the ground that the verdict
was contrary to evidence. But Judge
Bond denied the motion in thisremarka-
bic language:
Judge Bond said he "would not set
the verdict aside; that the jury had
seen proper to bring in their Ccrdict in
dirCct conflict aciM the dccisiOn Of the
Supreme court Of the tRitcd States.
The jury are Virginians, and had said
other Virginians might rioiate the law
and should not be punished. If they
saw proper to bring in this verdict the
CONT cOuid not prevent"
Now, here is a full, perfect, and suf
fcicnt answer to the lawyers and other
people who prefer shifting precedent to
stable principle; the men who would
sacrifice Liberty to authority. Here is
the admission Of this Judge, who now
ty1annizes over Virginia, that there is
"diroct conflict" with and disregard
of the order of the Supreme Court,
and he cannot help it.
Now, how does this conflict " work
to the benefit Of the State?. Why
thus, to illustrate by the last three
cases that occurred:
A man named Middleton, from Eau
quier, 100 miles away, had a horse
seized and sold for a tax of Sl01.SS.
The horse brought SOB. Middleton
came down here and claimed and Of
fered evidence to prove that the horse
was worth $3.50. The jury gave him
3103. Another man, named Turner,
from the same county, had his horse
seized and sold in the same way for
sol. He claimed that the animal was
worth &225. The jury gave him sd.
At the same time man named Benton,
from Loudoun, 100 miles away, had
COW seized and sold for $3.50. He
claimed q value Of so. The jury gave
him $3.50. So these people that
brought suits in Richmond expecting
to get $4,000 apiece came down for
wool and went home sheared.
And besides that, they have been
summoned to come to Richmond to
testify before the grand jury in the
barratry cases, and will have to come
again as witnesses in the prosecution.
Now, what inducement have men III
such cases to sue the treasurer?
How, then, to make this plan OF "di-
rect conflict" work to the benefit of the
State and to the confusion of the bond
holders? Why, convene the Legislature
and make it the duty of the Governor to
remove every officer who refuses, upon
whatever scruple or preteXt, to execute
the law and carry out the policy of the
State No fear that men cannot be found
to take the places Of those who may be
removed. ItdtlTI, uO AthA tllob hhS III
cumbents will forfeit their places by re-
fusal to execute the law. The offices
are worth too much to he given M
lightly, and when they know they will
be removed the officers will not hest
tate to obey the law. Take the Rich
mond treasuryship, for instance The
officer handles 81, 100000 year. ls
his an Office to throw away when jury
stands ready to protect him, and Judge
Fond cannot prevent 2
This is the clear and easy way topre-
vent the influx into the Treasury OF
5000, GOO fraudulent coupons, and
which would bankrupt the people il
they were so conservative as to yield
their liberty and civilization to a decree
which everybody, including MIR. JUS
tice Mathews himself, knows to be IN
evasion Of the Constitution, and worse
than an open infraction by that so-called
august tribunal of that so-called sacred
instrument. And this also is the only
way to prevent an open reputation OF
the whole fraudulent debt.